1 Crl.Misc.No.3102/2024 KABC010087482024 IN THE COURT OF THE LVI ADDL. CITY CIVIL & SESSIONS JUDGE, BENGALURU (CCH 57) : Present : Sri.T.Govindaiah, B.Com., LLB., LVI Addl. City Civil & Sessions Judge, Bengaluru. Dated this the 3rd Day of April, 2024. Crl.Misc.No.3102/2024 PETITIONER 1. Sai Prakash @ Sai Prame @ Sai Elangovana Dilip kumar Behara S/o Jaichandran Aged about 58 years R/at No.45, Dwarakamayae 1st A Cross, 5th B Main Punya Bhommi Layout, Kalakere Extension, Ramamurthy Nagar Bengaluru (By Sri. Satheesha T, Advocate) V/s 2 Crl.Misc.No.3102/2024 RESPONDENT State of Karnataka By HSR Layout Police Station, Bengaluru. (Rep. by: Public Prosecutor)
ORDER
This petition is filed by the petitioner under Section 438 of Cr.P.C. for bail in the event of his arrest for the offences punishable under Secs.419, 420, 468, 471, 120B R/w Sec.34 of IPC in Cr.No.197/2022 pending on the file of XXXIX Addl. Chief Metropolitan Magistrate, Bengaluru.
2. The petitioner arrayed as accused No.2 and has
sought for anticipatory bail on the grounds that, he is absolutely innocent of the alleged offences. He has got valid and tenable defence. He has no knowledge or reasonable belief nor apprehension of the alleged offences. He has been falsely implicated. He is not involved in the alleged offence either directly or indirectly. 3 Crl.Misc.No.3102/2024 No prima facie case is made out against the petitioner. He is suffering from multiple issues and he could not walk also. He is suffering from heart dieses, high blood pressure and diabetic. Accused No.1 is enlarged on bail. Hence this petitioner is also entitled for bail on the ground of parity. The offences alleged are not punishable with death or life imprisonment. He is a permanent resident of the address mentioned in the cause title.. he is ready and willing to abide by the conditions that may be imposed. He is ready to furnish surety.
3. The prosecution has filed statement of objections
that the investigation done so far prima facie discloses that the involvement of the petitioner in the alleged offences. If the petitioner is granted the relief claimed he would threaten the complainant and would tamper with the prosecution evidence and witness. He may not co operate with the investigation and he may abscond and therefore, sought for rejection of the bail petition. 4 Crl.Misc.No.3102/2024
4. Heard the arguments of both sides.
5. The following points arise for my
determination:
1. Whether the petitioner is entitled for anticipatory bail as provided under Section 438 of Cr.P.C.?
2. What order?
6. My findings on the above said points are as
follows; Point No.1 : In the Affirmative Point No.2 : As per final order, for the following : R E A S O N S
7. Point No.1: As could be seen from the
prosecution papers the complainant has filed private complaint agianst the petitioner and other accused persons. Petitioner herein who is the accused No.2. The allegations against the petitioner are that, on 20.01.2005 the mother of complainant Lae Jayamma had gifted her 5 Crl.Misc.No.3102/2024 self acquired property bearing Old Sy.No.20/7, House List Khata No.258/2 situated at Bommanahalli , Begur Hobli, Bengaluru measuring EW 72X76 feet and NS 52X62 feet totally measuring 4218 sq.ft under a registered gift deed. During 2016 the complainant gave the said property to H.M.Dinesh who is the builder in Ostrich group of company for joint venture to construct apartment. Accordingly Dinesh completed the said construction in the year 2020 and got 17 flats, out of them 8 flats are allotted to the builder and 9 flats are allotted to the complainant. The complainant out of 9 flats has sold flats No.101, 102, 104, 301, 302 and 304 and also gave flat No.303 of rent. Flats No.103 and 203 are kept with the complainant. About 34 months prior to the date of complaint two unknown persons came to the house of complainant and informed that they are from LIC HFL company and enquired him that where the person who is residing at Flat No.203, stating that he has borrowed loan from their company and paid 3 to 4 EMI's 6 Crl.Misc.No.3102/2024 and later not paid. Thereafter the complainant informed that he is the owner of the said flat and he has not sold the said flat to anybody.
8. Further on 30.08.2022 Ashok Nagar police has
issued notice to the complainant for investigation in Cr.No.84/2022 for the offence punishable under Sec.419, 468, 471, 420 of IPC. Accordingly the complainant went to the police station and filed complaint against the accused persons stating that the accused persons impersonated the complainant and created fake documents. The accused persons colluding with LIC HFL company Head Mr.Karthik have borrowed loan from LIC on Flat No.203. But the LIC officials without verifying the original documents have sanctioned the loan to the accused persons. Thereafter the accused persons created fake documents of Flat No.203 and sold the same to the other persons. Thereby the accused committed the aforesaid offences. 7 Crl.Misc.No.3102/2024
9. The Learned counsel for petitioner argued that,
the petitioner is innocent. He has not committed any offence. He is not involved in the alleged offence either directly or indirectly.
10. On the other hand learned Public Prosecutor
has produced the copy of the report of IO and objected for grant of bail. Therefore, from the allegations made in the complaint and documents produced by the petitioner and complainant at this stage, this court cannot come to the conclusion as to whether the petitioner is involved in the alleged offences or not. The forgery and genuineness of the sale deed and agreement of sale is a question to be decided by the Civil court. It appears that the dispute is of purely civil in nature.
11. Under such facts and circumstances of the
case the court is of the view that the custodial investigation of the petitioner is not necessary. Petitioner has undertaken to abide by the conditions and furnish 8 Crl.Misc.No.3102/2024 surety. He is also ready to cooperate with the investigation. The dispute is purely civil in nature. The respondent police have completed the investigation and filed charge sheet. Hence this petitioner is no more required for further investigation. Moreover the alleged offences are not punishable with death or life imprisonment. Therefore, the petitioner is entitled for the relief claimed. Accordingly point No.1 is answered in the Affirmative.
12. Point No.2: In view of my findings on point
No.1, I proceed to pass the following:
ORDER
The petition filed by the petitioner under Section 438 of Cr.P.C., is hereby allowed. The petitioner is ordered to be released on bail in the event of his arrest for the offences punishable under Secs.419, 420, 468, 471, 120B R/w Sec.34 of IPC in Cr.No.197/2022 pending on the file of XXXIX Addl. Chief 9 Crl.Misc.No.3102/2024 Metropolitan Magistrate, Bengaluru subject to following conditions:
1. The petitioner shall execute personal
bond for Rs.50,000/ and shall furnish two sureties for likesum.
2. The petitioner shall appear before the learned XXXIX Addl. Chief Metropolitan
Magistrate, Bengaluru and shall execute personal bond and furnish surety as above within 30 days from the date of this order.
3. The petitioner shall cooperate with the
investigating officer as and when called for.
4. The petitioner shall cooperate with the
investigation.
5. The petitioner shall furnish his residential address.
6. The petitioner shall not get involved in
any criminal activities. 10 Crl.Misc.No.3102/2024
7. The petitioner shall not leave the
jurisdiction without prior permission of the court. If violation of any conditions will amounts to cancellation of bail automatically. (Dictated to the Stenographer directly on computer, corrected and then pronounced by me in the Open Court on this the 3rd Day of April, 2024) (T.Govindaiah) LVI Addl. City Civil & Sessions Judge, Bengaluru. 11 Crl.Misc.No.3102/2024 Order pronounced in open Court (Vide separate order)
ORDER
The petition filed by the petitioner under Section 438 of Cr.P.C., is hereby allowed. 12 Crl.Misc.No.3102/2024 The petitioner is ordered to be released on bail in the event of his arrest for the offences punishable under Secs.419, 420, 468, 471, 120B R/w Sec.34 of IPC in Cr.No.197/2022 pending on the file of XXXIX Addl. Chief Metropolitan Magistrate, Bengaluru subject to following conditions:
1. The petitioner shall execute personal bond for Rs.50,000/ and shall furnish two sureties for likesum.
2. The petitioner shall appear before the learned XXXIX Addl. Chief Metropolitan Magistrate, Bengaluru and shall execute personal bond and furnish surety as above within 30 days from the date of this order
3. The petitioner shall co operate with the investigating officer as and when called for.
4. The petitioner shall cooperate with the investigation.
5. The petitioner shall furnish his residential address. 13 Crl.Misc.No.3102/2024
6. The petitioner shall not get involved in any criminal activities.
7. The petitioner shall not leave the jurisdiction without prior permission of the court.
If violation of any conditions will amounts to cancellation of bail automatically. LVI Addl.City Civil & Sessions Judge, Benguru.